3.Constitution of Central Council.—(1) The Central Government shall, by notification in the
Official Gazette, constitute for the purposes of this Act a Central Council consisting of the following
members, namely:—
(a) such number of members not exceeding five as may be determined by the Central
Government in accordance with the provisions of the First Schedule from each State in which a State
Register of Homoeopathy is maintained, to be elected from amongst themselves by persons enrolled
on that register as practitioners of Homoeopathy;
(b) one member from each University to be elected from amongst themselves by the members of
the Faculty or Department (by whatever name called) of Homoeopathy of that University:
Provided that until any such Faculty or Department of Homoeopathy is started in at least seven
Universities, the Central Government may nominate such number of members not exceeding seven as
may be determined by the Central Government from amongst the teaching staff of medical
institutions within India, so however, that the total number of members so nominated and elected
under this clause shall in no case exceed seven;
(c) such number of members, not exceeding forty per cent. of the total number of members
elected under clauses (a) and (b), as may be nominated by the Central Government, from amongst
persons having special knowledge or practical experience in respect of Homoeopathy or other related
disciplines:
Provided that until members are elected under clause (a) or clause (b) in accordance with the
provisions of this Act and the rules made thereunder, the Central Government shall nominate such
number of members, being persons qualified to be chosen as such under the said clause (a) or clause
(b), as the case may be, as that Government thinks fit; and references to elected members in this Act
shall be construed as including references to members so nominated.
(2) The President and the Vice-President of the Central Council shall be elected by the members of
the Central Council from amongst themselves in such manner as may be prescribed:
Provided that for two years from the first constitution of the Central Council, the President and the
Vice-President shall be nominated by the Central Government from amongst the members of the Central
Council and the President and the Vice-President so nominated shall, notwithstanding anything contained
in sub-section (1) of section 7, hold office during the pleasure of the Central Government.
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[3A. Power of Central Government to supersede Central Council and to constitute a Board of
Governors.—(1) On and from the date of commencement of the Homoeopathy Central Council
(Amendment) Act, 2018 (23 of 2018), the Central Council shall stand superseded and the President, VicePresident and other members of the Central Council shall vacate their offices and shall have no claim for
any compensation, whatsoever.
1. Sub-section (2) omitted by the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020,
vide notification No. S.O. 1123(E) dated (18-3-2020).
2. Ins. by Act 23 of 2018, s. 2 (w.e.f. 18-5-2018).
*. Now applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh by the Notification of
Government of India, M/o Home Affairs vide No. S.O. 3912 (E), dated 30th October, 2019 (w.e.f. 31-10-2019).
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(2)The Central Council shall be reconstituted in accordance with the provisions of section 3 1
[within a
period of two year] from the date of supersession of the Central Council under sub-section (1).
(3) Upon the supersession of the Central Council under sub-section (1) and until a new Council is
constituted in accordance with section 3, the Board of Governors constituted under sub-section (4) shall
exercise the powers and perform the functions of the Central Council under this Act.
(4) The Central Government shall, by notification in the Official Gazette, constitute a Board of
Governors which shall consist of not more than seven persons as its members, who shall be persons of
eminence and of unimpeachable integrity in the fields of Homoeopathy and Homoeopathy education, and
eminent administrators, and who may be either nominated member or members, ex officio, to be
appointed by the Central Government, one of whom shall be selected by the Central Government as the
Chairperson of the Board of Governors.
(5) The Chairperson and the other members, other than the members, ex officio, shall be entitled to
such sitting fee and travelling and other allowances as may be determined by the Central Government.
(6) The Board of Governors shall meet at such time and such place and shall observe such rules of
procedure in regard to the transaction of business at its meetings as is applicable to the Central Council.
(7) Two-third of the members of the Board of Governors shall constitute the quorum of its meetings.
(8) No act or proceedings of the Board of Governors shall be invalid merely by reason of—
(a) any vacancy in, or any defect in the constitution of, the Board of Governors; or
(b) any irregularity in the procedure of the Board of Governors not affecting the merits of the case.
(9) A member having any financial or other interest in any matter coming before the Board of
Governors for decision, shall disclose his interest in the matter before he may, if allowed by the Board of
Governors, participate in such proceedings.
(10) The Chairperson and other members of the Board of Governors shall hold office during the
pleasure of the Central Government.
3B. Certain modifications of Act.—During the period when the Central Council stands
superseded,—
(a) the provisions of the Act shall be construed as if for the words "Central Council", the words
"Board of Governors" were substituted;
(b) the Board of Governors shall exercise the powers and discharge the functions of the Central
Council under this Act and for this purpose, the provisions of this Act shall have effect subject to the
modification that references therein to the Central Council shall be construed as references to the Board
of Governors.
3C. Power of Central Government to give directions.—(1) Without prejudice to the provisions of
this Act, the Board of Governors or the Central Council after its reconstitution shall, in exercise of its
powers and in the performance of its functions under this Act, be bound by such directions on question of
policy, other than those relating to technical and administrative matters, as the Central Government may
give in writing to it from time to time:
Provided that the Board of Governors or the Central Council, after its reconstitution shall, as far as
practicable, be given an opportunity to express its view before any direction is given under this subsection.
1. Subs. by Act 11 of 2019, s. 2, for “within a period of one year” (w.e.f. 2-3-2019).
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(2) The decision of the Central Government whether a question is a matter of policy or not shall be
final.]
4. Mode of election.—(1) An election under clause (a) or clause (b) of sub-section (1) of section 3
shall be conducted by the Central Government in accordance with such rules as may be made by it in this
behalf.
(2) Where any dispute arises regarding any election to the Central Council, it shall be referred to the
Central Government whose decision shall be final.
5. Restriction on elections and membership.—(1) No person shall be eligible for election to the
Central Council unless he possesses any of the medical qualifications included in the Second or the Third
Schedule, is enrolled on any State Register of Homoeopathy and resides in the State concerned.
(2) No person may at the same time serve as a member in more than one capacity.
6. Incorporation of Central Council.—The Central Council shall be a body corporate by the name
of the Central Council of Homoeopathy having perpetual succession and a common seal, with power to
acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said
name sue and be sued.
7. Term of office of President, Vice-President and members of Central Council.—(1) The
President, Vice-President or a member of the Central Council shall hold office for a term of five years
from the date of his election or nomination, as the case may be, or until his successor shall have been duly
elected or nominated, whichever is longer.
(2) A person who holds, or who has held, office as President or Vice-President of the Central Council,
shall be eligible for re-election to that office once, but only once.
(3) Members of the Central Council shall be eligible for re-election or re-nomination.
(4) An elected or nominated member shall be deemed to have vacated his seat if he is absent without
excuse, sufficient in the opinion of the Central Council, from three consecutive ordinary meetings of the
Central Council or, in the case of a member elected under clause (a) of sub-section (1) of section 3, if he
ceases to be enrolled on the concerned State Register of Homoeopathy, or in the case of a member elected
under clause (b) of that sub-section, if he ceases to be a member of the Faculty or Department (by
whatever name called) of Homoeopathy of the University concerned.
(5) A casual vacancy in the Central Council shall be filled by election or nomination, as the case may
be, and the person elected or nominated to fill the vacancy shall hold office only for the remainder of the
term for which the member whose place he takes was elected or nominated.
(6) Where the said term of five years is about to expire in respect of any member, a successor may be
elected or nominated at any time within three months before the said term expires but he shall not assume
office until the said term has expired.
8. Meetings of Central Council.—(1) The Central Council shall meet at least once in each year at
such time and place as may be appointed by the Central Council.
(2) Unless otherwise prescribed, one-third of the total number of members of the Central Council
shall form a quorum, and all the acts of the Central Council shall be decided by a majority of the members
present and voting.
9. The Executive Committee and other committees.—(1) The Central Council shall constitute from
amongst its members an Executive Committee and such other committees for general or special purposes
as the Council deems necessary to carry out the purposes of this Act.
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(2) (i) The Executive Committee (hereafter in this section referred to as the Committee), shall consist
of the President and Vice-President, who shall be members ex officio, and not less than five and not more
than seven members who shall be elected by the Central Council from amongst its members.
(ii) The President and the Vice-President shall be the President and Vice-President respectively of the
Committee.
(iii) In addition to the powers and duties conferred and imposed upon it by this Act, the Committee
shall exercise and discharge such powers and duties as the Central Council may confer or impose upon it
by any regulations which may be made in this behalf.
10. Meetings of committees.—(1) The committees constituted under section 9 shall meet at least
twice in each year at such time and place as may be appointed by the Central Council.
(2) Unless otherwise prescribed, one-third of the total number of members of a committee shall form
a quorum, and all the acts of the committee shall be decided by a majority of the members present and
voting.
11. Officers and other employees of Central Council.—The Central Council shall—
(a) appoint a Registrar who shall also act as Secretary;
(b) employ such other persons as it deems necessary to carry out the purposes of this Act;
(c) require and take from the Registrar or from any other employee, such security for the due
performance of his duties as the Central Council deems necessary; and
(d) with the previous sanction of the Central Government, fix the remuneration and allowances to
be paid to the President, Vice-President and members of the Central Council and to the members of
the committees thereof and determine the conditions of service of the employees of the Central
Council.
12. Vacancies in the Central Council and committees thereof not to invalidate acts, etc.—No act
or proceeding of the Central Council or any committee thereof shall be called in question on the ground
merely of the existence of any vacancy in, or any defect in the constitution of the Central Council or the
committee, as the case may be.